Civitillo v. California Department of Corrections et al
Filing
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 9/7/11 RECOMMENDING that this action be dismissed without prejudice; referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days.(Dillon, M)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JACK CIVITILLO,
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Plaintiff,
No. CIV S-11-1111 KJM DAD P
vs.
CALIFORNIA DEP’T OF
CORRECTIONS, et al.,
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Defendants.
FINDINGS AND RECOMMENDATIONS
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/
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By an order filed August 24, 2011, the court vacated findings and
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recommendations that were filed on August 2, 20111, and plaintiff was provided another
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opportunity to file an in forma pauperis affidavit or to pay the $350.00 filing fee, and to file an
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amended complaint pursuant to the court’s May 10, 2011 order. Plaintiff was cautioned that
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failure to do so would result in a recommendation that this action be dismissed. The thirty day
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period has now expired, and plaintiff has not responded to the court’s order, has not filed an in
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forma pauperis affidavit or paid the appropriate filing fee, or filed an amended complaint.
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In the August 2, 2011 findings and recommendations, the court recommended that the
action be dismissed due to plaintiff’s failure to file an amended complaint and a new in forma
pauperis application.
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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without
prejudice.
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These findings and recommendations are submitted to the United States District
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Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen
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days after being served with these findings and recommendations, plaintiff may file written
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objections with the court. Such a document should be captioned “Objections to Magistrate
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Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file objections
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within the specified time may waive the right to appeal the District Court’s order. Martinez v.
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Ylst, 951 F.2d 1153 (9th Cir. 1991).
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DATED: September 7, 2011.
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DAD:4
civi1111.fifp.fta
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